We were discharged on 5/17/16. We have not closed yet. Yesterday we received a letter from a collection agency asking for repayment of a loan that was discharged in our Chapter 13 case. From what I understand they are not allowed to do that. Isn't that the whole point of BK-protection, lol. We forwarded the correspondence to our attorney and he will advise. Will this ever end!!!
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It's always "fun" to receive collection notices for discharged debt. Generally, I would send them a very strongly worded letter indicating that the debt was cancelled and ANY OTHER SINGLE CONTACT regarding the debt will be met with a Motion for Sanctions through the bankruptcy court. I include a copy of the discharge order.
I have successfully settled on these motions since most bankruptcy courts are VERY SERIOUS about the bankruptcy discharge and the bankruptcy stay.
Your lawyer will likely send the same letter by mail or fax and that letter will advise this collector to tread very carefully.
Congratulations on your discharge.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt. -
Thanks justbroke! That's cool! Finally something in our favor. Hope the lawyer takes those steps.Comment
Bankruptcy Wizard
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